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Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss
Comparable Worth -- The Theory, Its Legal Foundation, And The Feasibility Of Implementation, Carin Ann Clauss
University of Michigan Journal of Law Reform
County of Washington v. Gunther was decided by the Supreme Court over five years ago. In that case, the Court, resolving a conflict among the circuits, ruled that sex-based wage discrimination claims could proceed under Title VII of the Civil Rights Act of 1964 without regard to the limiting "equal work" standard of the Equal Pay Act. Following this decision, it was generally assumed that the courts would become the major forum for redressing sex-based wage discrimination. The anticipated litigation explosion never took place. Few wage discrimination suits have been filed, and even fewer have been successful. What progress has …
Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner
Thoughts On Comparable Worth Litigation And Organizational Strategies, Nancy Gertner
University of Michigan Journal of Law Reform
To watch the evolution of Title VIP is to watch the gradual constricting of a law that many had heralded as a tool of social change for women. Its passage represented a statement that the so-called free market had not worked for women. Women were denied access to higher paying and high-status positions. Even when a job was integrated, women's work was undervalued and their wages frequently depressed. With the passage of Title VII came the hope that the law would do what the market could not-break the cycle of discrimination.
Sex discrimination, in contrast with other forms of discrimination, …